II 

112TH CONGRESS 

1ST SESSION S. 96 

To amend title X of the Public Health Service Act to prohibit family planning 

grants from being awarded to any entity that performs abortions. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. VITTER (for himself, Mr. WICKER, Mr. ENZI, Mr. INHOFE, and Mr. 

JOHANNS) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend title X of the Public Health Service Act to prohibit 

family planning grants from being awarded to any entity 

that performs abortions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Title X Family Plan5 ning Act’’. 

6 SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE 

7 ACT. 

8 Section 1008 of the Public Health Service Act (42 

9 U.S.C. 300a–6) is amended to read as follows: 


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1 ‘‘SEC. 1008. PROHIBITION ON ABORTION. 

2 ‘‘(a) IN GENERAL.—None of the funds appropriated 

3 under this title shall be distributed to grantees who per4 form abortions or whose subgrantees perform abortions, 

5 except where a woman suffers from a physical disorder, 

6 physical injury, or physical illness, including a life-endan7 gering physical condition caused by or arising from the 

8 pregnancy itself, that would, as certified by a physician, 

9 place the woman in danger of death unless an abortion 

10 is performed. The preceding sentence shall not apply to 

11 a grantee or subgrantee that is a hospital, so long as such 

12 hospital does not subgrant to a non-hospital entity that 

13 performs abortions. 

14 ‘‘(b) LIST.—Not later than 6 months after the date 

15 of enactment of the Title X Family Planning Act, and 

16 each fiscal year thereafter, the Secretary shall submit to 

17 Congress a list of grantees, to which subsection (a) ap18 plies, under this title for the fiscal year involved that per19 form abortions regardless of how such abortions are fund20 ed. 

21 ‘‘(c) LIMITATIONS ON ELIGIBILITY.— 

22 ‘‘(1) GRANTEES ON LIST.—A grantee who ap23 pears on the list submitted under subsection (b) for 

24 a fiscal year shall not be eligible to receive assistance 

25 under this title for subsequent fiscal years unless the 

26 grantee submits to the Secretary a certification that 


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1 such grantee, and the subgrantees of such grantee, 

2 no longer perform abortions. 

3 ‘‘(2) APPLICATIONS FOR ASSISTANCE.—To be 

4 eligible to receive assistance under this title, a grant5 ee to which subsection (a) applies shall submit to the 

6 Secretary a certification that such grantee, and the 

7 subgrantees of such grantee, do not perform abor8 tions other than those abortions explicitly permitted 

9 under subsection (a). 

10 ‘‘(d) DEFINITIONS.—In this section: 

11 ‘‘(1) GRANTEE.—The term ‘grantee’ means the 

12 organizational entity or individual to which a grant, 

13 under this title is awarded and which is responsible 

14 and accountable both for the use of the funds pro15 vided under the grant and for the performance of 

16 the grant-supported project or activities. A grantee 

17 is the entire legal entity even if only a particular 

18 component is designated in the award document. 

19 ‘‘(2) HOSPITAL.—The term ‘hospital’ has the 

20 meaning given that term in section 1861(e) of the 

21 Social Security Act. 

22 ‘‘(3) SUBGRANTEE.—The term ‘subgrantee’ 

23 means the government or other legal entity to which 

24 a subgrant is awarded under this title and which is 


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1 accountable to the grantee for the use of the funds 

2 provided under the subgrant.’’. 

Æ 


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